Fresh petitions filed in Supreme Court challenging the division of the State
February 22, 2014 - Hyderabad
Following the both the Houses of the Parliament that have approved the creation of Telangana State by bifurcating the Andhra Pradesh State, BJP leader K Raghu Ramakrishna Raju and Adusumilli Jayaprakash filed fresh petitions in the Supreme Court.
The petitions said that the process of bifurcation of the State was unconstitutional being violative of the principle of federalism, a basic feature of the Constitution. The petitioners said that the constitutional protection enjoyed by the people under Article 371-D and 371-E could not be taken away by an ordinary Bill without effecting changes in the Articles themselves. They require constitution amendment that had not been done in the present case, said the petitioners and thus the Bill is not valid in the eyes of Law, they contend.
Raising constitutional issues like whether without the consent of the Legislature of a State, the State of Andhra Pradesh could be bifurcated? When the constitution does not provide guidelines to the formation of States constitution the Union, Whether the President under Article 3 of the Constitution of India could recommend introduction of a Bill in either House of Parliament for the purpose of division of the State.
It may be recalled that the Supreme court earlier dismissed their petitions on the ground that they did not any change with November 18,2013 order and the present situation and clarified that the averment made in the writ petitions are open to be entertained at an appropriate stage.